County of Allegheny v. Commonwealth, Department of Public Welfare

Opinion by

Judge Crumlish, Jr.,

The Department of Public Welfare’s (DPW) rate setting procedures for care of criminally insane persons committed to Farview State Hospital is the subject of Allegheny County’s (County)1 petition for declaratory relief. DPW has filed a battery of preliminary objections. We sustain DPW’s preliminary objections and dismiss the County’s petition for review because the relief the County seeks will not terminate its controversy with DPW and the controversy would thus be better resolved before DPW in the first instance.

The filed briefs did not untangle the procedural…